R. v. Karenzo and Ndabusuye Crim. Rev. 51-M-71; 24/6/71; El-Kindy Ag. J.

R. v. Karenzo and Ndabusuye Crim. Rev. 51-M-71; 24/6/71; El-Kindy Ag. J.

The accuseds were charged with unlawful entry into Tanzania “c/s 15(1) and 26 of Immigration Subsidiary Cap. 534 of the Laws.” The particulars of the charge read as follows: “The person charged on the 18^th day of February, 1971 at about 12.15 hrs. At Nyansha Village in the District of Kasulu, Kigoma Region, they did enter into Tanzania Republic from Burundi Republic and on their arrival into Tanzania Republic failed to present themselves to an Immigration Office.” They were convicted and fined Shs. 400/- or 5 months imprisonment each. They were unable to pay the fine. The case went on revision.

Held: (1) “ ………….. there is confusion in this case. two matters have been confused, that is to say the issue of unlawful entry contrary to section 10(1) (a) of the Immigration Act, 1963, Cap. 534 and the issue of failing to comply with the Immigration formalities as provided for in Rule 15(1) of the Immigration Regulations 1964 …………..” (2) [Relying on the particulars of the charge] “In my view, the charge left me in no reasonable doubt that the two accused were not charged for unlawful entry into Tanzania but for failing to comply with immigration formalities after entering Tanzania. In my view, the section of the law quoted in the charge sheet was accurately stated although the name of the offence was wrongly entered. This in my view did not occasion any failure of justice, as both appellants knew what they were facing as it can be seen clearly from their admissions in court. The

            Error was not of a serious nature.” (2) “I am satisfied that the imposition of a sentence of imprisonment of 5 months in default of payment of a fine of Shs. 400/= was illegal as the maximum imprisonment which would be imposed is only four (4) months “[referring to s. 29 of the Penal Code, Cap. 16]. “The learned magistrate did not appear to have taken into account the fact that the two accused came into this Republic to visit a sick relative, and the fact that their village and that of Tanzania were simply divided by historically accident ……….. And in any case, the fact that the accused were arrested on the same day of their entry is a factor which ought to be taken account, and in their favour.” (3) Sentence reduced so as to result in immediate release of accused.